April 18, 2016 - The U.S. Army Corps of Engineers, as part of an
interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish
and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources
Conservation Service, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register. The 2016 NWPL should be used on any delineations
started after 1 May 2016. Any delineations in progress or started before this
date can still use the 2014 NWPL. For more information click here.
October 9, 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
For more information and updates, please visit the USACE HQ site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.aspx
The Clean Water Act Rule: Definition of "Waters of the United States":
The Office of the Assistant Secretary of the Army for Civil Works (ASA-CW) and the U.S. Environmental Protection Agency (USEPA) Clean Water Act Final Rule. Following is information regarding the rule:
Additional information can be found by visiting the the ASA-CW's website at http://www.army.mil/asacw/ or the USEPA's website at http://www2.epa.gov/cleanwaterrule.
January 29, 2015, Withdrawal of the 2014 Interpretive Rule Regarding Applicability of the Agricultural Exemptions and Exclusions from Section 404(f)(1)(A) of the Clean Water Act:
The Memorandum of Understanding signed on March 25, 2014, by EPA, Army, and the U.S. Department of Agriculture, concerning the interpretive rule is withdrawnis withdrawn as of January 29, 2015.. The signed memorandum withdrawing the interpretive rule is available at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx and www.federalregister.gov
For further information please e-mail: USACE_CWA_RULE@usace.army.mil
On March 18, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas. The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation. In addition to the fine, the permittee was ordered to restore the area within permit conditions.